Casa Terms of Service

1. Acceptance of Terms of Service

1. These Terms of Service are a binding contract between you and Casa. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site or downloading one or both of the Apps, you agree to and accept these Terms of Service and all other rules, policies and procedures that may be published from time to time on the Site or such Apps by us, each of which is incorporated by reference and each of which may be updated from time to time.
   
2. These Terms of Service apply to all users of the Services, registered or otherwise. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by reference. For example, additional terms and conditions may apply to you if you have purchased a Product, subscribed to a Paid Service (each term defined below); any such terms and conditions are hereby deemed a part of these Terms of Service.
   
3. We are constantly trying to improve our Services, and may need to change these Terms of Service. We reserve the right to change the Terms of Service at any time, in our sole discretion, but if we do, we will bring it to your attention by placing a notice on the Site and/or sending you an electronic mail. If you don’t agree with the new Terms of Service, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
   
4. If you are using the Services on behalf of a company, entity, or organization, then you represent and warrant that you are an authorized representative of that company, entity, or organization with the authority to bind such organization to these Terms, and agree to be bound by these Terms on behalf of such company, entity, or organization.
   
5. PLEASE NOTE: These Terms of Service cover important information about the Services and any charges, taxes, and fees that we bill you, and include information about automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
   

2. About Casa and the Services

3. Eligibility

4. Account Registration

5. Use of the Services

1. Content. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.
   
2. Notices and Restrictions. The Services’ entire contents, features, and functionality (including but not limited to all Content) are owned by Casa, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. Any unauthorized use of any Content or materials in the Services is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
   
3. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Services and the Content solely for personal or internal business purposes and only in accordance with these Terms of Service. Use, reproduction, modification, distribution or storage of any Services or Content for any other purpose is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Services or Content for commercial use or in any way that violates any third party right; provided that, for the avoidance of doubt, if you are an entity, you may use the Services solely for internal business purposes in accordance with these Terms. 
   
4. License Grant. Subject to the terms and conditions of this Agreement, you hereby do and shall grant Casa a worldwide, non-exclusive, non-sublicensable (except for the purposes provided herein), royalty-free license to access and use your Account Information and any other information you provide us solely for the purpose of providing you the Services. Further, you hereby do and shall consent to Casa’s collection, storage, and use of personally identifiable information, and to the transfer and hosting of such data on Casa’s servers located in the United States and elsewhere in the world, in accordance with the foregoing license grant. Please note that Casa takes the privacy of its users very seriously; click here for Casa’s current Privacy and Data Protection Policy to learn more.
   
5. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
   
6. Private Keys. You acknowledge that you have sole and exclusive control over any and all private cryptographic keys created and controlled by you through the Services (“Private Keys”), and that Casa is unable to replace them in the event of their loss or theft. You further acknowledge and agree that (i) you are solely responsible for maintaining the security of each of the Private Keys and tracking the location of any hardware devices on which Private Keys are stored (“Authorized Devices”); (ii) Casa shall not be responsible for your acts or the acts of any third party with respect to the Private Keys or Authorized Devices; and (iii) you shall not, under any circumstances, provide or make available to Casa any of the Private Keys. You must notify Casa immediately in the event of any actual or suspected breach of security or unauthorized use of the Private Key(s) and cooperate with Casa and its authorized representatives in connection with any investigation of same.
   
7. Recovery Key. You acknowledge and agree that if you choose to authorize Casa to control a cryptographic key created by you through the Services (a “Recovery Key”), (i) Casa will have sole and exclusive control over such Recovery Key; (ii) Casa will refuse to provide you with such Recovery Key unless and until Casa has determined (in its sole discretion) that it has verified your identity through use of your Account Information, and that such refusal and verification constitute an essential basis of the bargain sought by you in signing up for a Membership (defined below); and (iii) you will cease to have access to the Recovery Key upon any termination of the Services provided to you, whether terminated by you or by Casa. You further acknowledge that the Services may require the transmission of multiple cryptographic keys to an Exchange in order to access your digital or virtual currency or assets, and that the Recovery Key alone may therefore be insufficient for such access without at least one (1) or more Private Keys, depending on the Services applicable to your Membership.
   
8. Third Party Services. In connection with the Services, Casa may use, or may provide you with access to, hardware devices, software, source code or other technology licensed to Casa from third parties, and which may be owned by such third parties (collectively, “Third Party Materials”). You acknowledge and agree that Casa does not make any warranties or guarantees regarding Third Party Materials and is not responsible for the operation or failure of any Third Party Materials, including without limitation the privacy practices, data security processes or other aspects related to Third Party Materials. You further acknowledge and agree that any Authorized Devices are each subject to their own terms and conditions separate and apart from this Agreement. You agree to waive any claim against Casa with respect to such Third Party Materials and release Casa from any associated liability.
   

6. Restrictions on Use

1. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
   
2. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service that:
   1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
   2. you know is false, misleading, untruthful or inaccurate;
   3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
   4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
   5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
   6. impersonates any person or entity, including any of our employees or representatives; or
   7. includes anyone’s identification documents or sensitive financial information.
   
3. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
   
4. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
   
5. Certain Services may be subject to applicable United States export laws and regulations. You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and you shall not export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. By downloading or using the App or any other Services, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any United States-embargoed or restricted country.
   
6. We also reserve the right to access, read, preserve, and disclose any information as we believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
   

8. Payments and Billing

1. Paid Services. Certain of our Services are subject to payments (the “Paid Services”). Please see here for a description of the current Paid Services, including our various membership services (“Memberships”) where we offer for purchase Casa’s own products (“Casa Products”) and the products of third party providers (such products “Third Party Products” and such providers “Third Party Providers”) through the Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service or purchasing Casa Products or Third Party Products (individually and collectively, “Products”) are deemed part of this Terms of Service.
   
2. Billing. Depending on which payment option you choose, we either (i) use Stripe, a third-party payment processor (the “Payment Processor”), to bill you, through a payment account linked to your Account on the Services (your “Billing Account”), or (ii) bill you directly using BTCPay, for payment in a digital currency accepted by us at the time of the transaction (a “Casa-Accepted Digital Currency”), for use of the Paid Services, and for any purchases of Products that you make through your Account. If you do not have an Account on the Services and purchase Products, we either use the Payment Processor to bill you through a payment method accepted by the Payment Processor at the time of your purchase or bill you directly using BTCPay, again depending on your chosen payment method. You acknowledge that your payments will be subject to the terms and conditions (including without limitation exchange and conversion rates) and privacy policies of the financial institution, credit card or debit card issuer, Exchange, or other provider of your chosen payment method, as applicable, in addition to these Terms of Service. (The processing of payments by our Payment Processor will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Terms of Service, which for United States users can be found here.) We are not responsible for errors by the Payment Processor or by your chosen financial institution, credit card or debit card issuer, Exchange, or other payment provider, and reserve the right to correct any such errors or mistakes even if payment has already been requested or received. By choosing to use Paid Services, including Memberships, and/or purchase Products, you agree to pay us, either through the Payment Processor or directly in a Casa-Accepted Digital Currency, as applicable, all charges at the prices then in effect for any use of such Paid Services or purchase of such Products, in accordance with the applicable payment terms, and you authorize us to charge your chosen payment provider through the Payment Processor or to transfer Casa-Accepted Digital Currency from your holdings in an Exchange directly to Casa (your “Payment Method”). You agree to make payment using that selected Payment Method.
   
3. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, Exchange or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
   
4. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR YEARLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, EMAIL HELP@TEAM.CASA.
   
5. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PAYMENT METHOD. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT METHOD CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR (IF APPLICABLE) IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT BY EMAILING HELP@TEAM.CASA.  IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
   
6. Change in Amount Authorized. If the amount to be charged to your Billing Account or Exchange varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider or Exchange will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
   
7. Auto-Renewal for Membership Services. Unless you opt out of auto-renewal, which can be done by emailing help@team.casa, any Memberships you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Membership at any time, email help@team.casa. If you terminate a Membership (either by termination or opting out of auto-renewal), you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. In the event you would like to reactivate your Membership, you will incur a reactivation fee as determined by us and you will be obligated to pay, in addition to the new subscription fee, the subscription fee for the period beginning on the date your Membership expired through the date of reactivation.
   
8. Reaffirmation of Authorization. Your non-termination or continued use of a Membership, or other Paid Service that is offered on a subscription basis, reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
   
9. Free Trials and Other Promotions. Casa may, in its sole discretion, offer you free introductory trial offerings to access any hardware, software, product, service, feature, functionality, or other technology that is either integrated with another offering or provided on a stand-alone basis by Casa and has been designated by Casa as part of a free trial (each, a “Trial Offering”).Each Trial Offering may be more fully described in documentation or other materials provided to you by Casa when you sign up or register for such Trial Offering or otherwise made available to you during the term of any such Trial Offering (a “Trial Offering Period”). Trial Offerings will automatically convert to Paid Services following the end of any Trial Offering Period. You acknowledge and agree that your use of the Trial Offering is subject to the Terms of Service. Casa does not provide and is not obligated to provide any maintenance or technical support for any Trial Offering during any Trial Offering Period. Casa reserves the right to modify, abandon, or impose any limitations on the use of any Trial Offering at any time, with or without notice, and without any obligation or liability. Any rules, policies, limitations, or procedures presented to you in connection with a Trial Offering shall govern such free trial and promotional offer and shall be incorporated into these Terms of Service. The Trial Offering Period commences as of the earliest date you first sign up for, register for, access, or use the Trial Offering and continues until (i) your Trial Offering automatically converts to Paid Services at the conclusion of the Trial Offering Period; (ii) you convert the Trial Offering to Paid Services during the Trial Offering Period; (iii) your access or use expires or otherwise ceases automatically, which normally will occur within 30 calendar days of the commencement of the Trial Offering if you have cancelled the Trial Offering during the Trial Offering Period; or (iv) either party terminates this Agreement as set forth below. Casa may terminate this Agreement at any time, with or without cause, upon delivery of written notice to you. You may terminate a Trial Offering at any time, with or without cause, by delivering at least thirty (30) days prior written notice to Casa or by terminating the Trial Offering via the site or in-app. Upon any termination of the Trial Offering by either party, your use of and access to the Trial Offering shall terminate at the end of the Trial Offering’s scheduled termination. Any access to a Paid Service via a Trial Offering must be used within the Trial Offering Period and may only be used once by any person or entity; using multiple e-mail addresses or online identities to circumvent this restriction is prohibited. You must cancel the Trial Offering before the end of any Trial Offering Period in order to prevent the Trial Offering from converting to an automatically-renewing Paid Service at the conclusion of the Trial Offering Period. If you cancel prior to the end of the Trial Offering Period and are inadvertently charged for a Paid Service, please contact us at help@team.casa.
   

9. Products

1. Product Descriptions and Availability. Descriptions, images, references, features, content, specifications, products, prices, and availability of any Products made available through the Services are subject to change without notice. The inclusion of any Products on the Services at a particular time does not imply or warrant that these products will be available at any time. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product on the Services; to bar any user from making any or all purchases; or to refuse to provide any user with any product.
   
2. Pricing. Prices do not include any shipping and handling charges, or taxes, which will be noted in the payment terms presented to you during the checkout process.
   
3. Your Legal Obligations. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any Product purchased through the Services. By placing an order, you represent that the Products ordered will be used only in a lawful manner.
   
4. Returns, Refunds, and Fees. Please review our policy here, which are incorporated into these Terms of Service by reference.
   
5. Customer Service. If you have any questions about a particular Product, or you have questions about shipping, returns, or refunds, please contact us at help@team.casa.
   

10. For Premium (formerly “Platinum”) and Private Client (formerly “Diamond”) Account Members – Account Access by Third Parties 

11. For Private Client (formerly “Diamond”) Account Members – Account Access by Third Parties

1. U.S.-resident Casa Account Members: If you are a Casa Private Client Account member residing in the U.S. and enrolled in our Inheritance Program, Casa will grant third parties access to your Casa Private Client account as follows:
   

1. 1. on your death Casa will:
   

1. grant access to your Casa account including your Recovery Key to the person (the “Recovery Custodian”) you designate in the Inheritance Application using the email address set forth in the Inheritance Application, provided that the Recovery Custodian (i) provides Casa with a certified copy of your death certificate and photo identification bearing a name that matches the name of the Recovery Custodian in your Inheritance Application; and (ii) verifies the email address in your Inheritance Application pursuant to Casa’s procedures for verification; and
   
2. transfer the Casa account to the Recovery Custodian and assist in recovering the bitcoin, ether, USDT and/or USDC if they are able to provide the necessary items in the previously assembled inheritance envelope.
   

1. 2. You may change your Recovery Custodian at any time. It is your sole responsibility to ensure that the Recovery Custodian is a person whom you wish to have access and control of your Casa Private Client account in the event of your death, and Casa shall have no liability to you or any person or entity for any actions taken by the Recovery Custodian with respect to your Casa Private Client account, Recovery Key, bitcoin and/or ether vault(s) or bitcoin and/or ether assets. You agree to indemnify and hold Casa harmless from any and all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers which Casa may incur as a result of Casa’s reliance upon instructions from you, including but not limited to your instructions as to the Recovery Custodian in the Inheritance Application. This Section 11 shall be binding on your Recovery Custodians, executors, administrators, heirs, and assigns. At the current time, our Inheritance Program is available exclusively for individuals and is not available for corporate, company or other entity clients.
   

12. For Premium (formerly “Platinum”) and Private Client (formerly “Diamond”) Account Members – Account Access by Third Parties

1. on your death, we will grant access to your Casa account including your Recovery Key to your estate representative, provided that the estate representative provides all information required by Casa, which may include (i) a request for access to your account from the estate representative in writing, (ii) a certified death certificate, (iii) a certified copy of the letter of appointment or small-estate affidavit or court order, in Casa’s sole discretion, (iv) verification of Casa account information by your estate representative, and (v) such other information required by Casa to grant access to the estate representative; and provided further, that Casa may require your estate representative to pay Casa service fees for such access; and
   
2. we will grant access to your Casa account including your Recovery Key to an agent acting pursuant to a valid power of attorney executed by you, provided that such agent provides all information required by Casa, which may include (i) a request for access to your account from the agent in writing, (ii) an original of the power of attorney that gives the agent specific authority over your Casa account or general authority to act on your behalf; (iii) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; (iv) verification of Casa account information by the agent, and (v) such other information required by Casa to grant access to the agent; and provided further, that Casa may require your agent to pay Casa service fees for such access.
   
3. For the avoidance of doubt, Account Access by Third Parties is only offered on a case by case basis based on certain verification requirements in Casa’s sole discretion. This service is not offered for members who are not Premium or Private Client Account holders. Any exceptions will be made on a case by case basis in Casa’s sole discretion.
   

13. Termination

14. iOS Terms

1. Both you and Casa acknowledge that the Terms are concluded between you and Casa only, and not with Apple, and that Apple is not responsible for the App or the Content;
   
2. If you are a natural person, the App is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
   
3. If you are an entity, the App is licensed to your entity on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your entity’s internal use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
   
4. You will only use the App in connection with an Apple device that you own or control;
   
5. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
   
6. In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
   
7. You acknowledge and agree that Casa, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App;
   
8. You acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the Application infringes that third party’s intellectual property rights, Casa, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
   
9. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
   
10. Both you and Casa acknowledge and agree that, in your use of the App, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
    
11. Both you and Casa acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
    

15. Warranty Disclaimer

1. Casa has no special relationship with or fiduciary duty to you. You acknowledge that Casa has no duty to take any action regarding:
            1.  which users gain access to the Services;
            2. what Content you access via the Services; or
            3. how you may interpret or use the Content.
   
2. You acknowledge that digital or virtual currencies, and platforms and marketplaces for the same, involve significant financial, legal, and other risks (collectively, “Risks”). You further acknowledge and agree that (a) you are solely responsible for learning about such Risks; (b) Casa shall have no responsibility to alert you about any Risks; and (c) any information relating to digital or virtual currencies, platforms and marketplaces for same, and Risks that are provided by Casa or its representatives in connection with the Services is for informational purposes only, and shall under no circumstances be construed as advice or direction of any kind.
   
3. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
   
4. SUBJECT TO SECTION 15(E) BELOW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
   
5. EACH OF THE CASA PRODUCTS PURCHASED FROM US ARE COVERED BY AN APPLICABLE WARRANTY. ANY AND ALL SUCH WARRANTIES ARE INCORPORATED BY REFERENCE INTO THESE TERMS OF SERVICE. TO THE EXTENT THERE IS A CONFLICT BETWEEN THE TERMS OF THE WARRANTY AND THESE TERMS OF SERVICE, THE TERMS OF THE WARRANTY WILL GOVERN WITH RESPECT TO CASA PRODUCTS PURCHASED FROM US. IF THERE IS AN ISSUE WITH YOUR CASA PRODUCTS, THEN PLEASE REVIEW THE WARRANTY AND CONTACT US AT HELP@TEAM.CASA.
   
6. THIRD PARTY PRODUCTS PURCHASED BY YOU THROUGH THE SERVICES ARE NOT OUR PRODUCTS, AND WE DISCLAIM ANY AND ALL WARRANTIES RELATED TO SUCH THIRD PARTY PRODUCTS. EACH THIRD PARTY PRODUCT PROVIDER IS FULLY RESPONSIBLE FOR THE THIRD PARTY PRODUCTS SOLD THROUGH THE SERVICES. YOU WAIVE AND RELEASE US FROM ANY AND ALL INJURIES, DAMAGES, CLAIMS, LIABILITIES, AND COSTS SUCH THIRD PARTY PRODUCTS MAY CAUSE YOU TO SUFFER ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF ANY THIRD PARTY PRODUCT PROVIDER IN CONNECTION WITH SUCH PROVIDER’S THIRD PARTY PRODUCTS. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF ANY THIRD PARTY OR THIRD PARTY PRODUCTS. WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, PRODUCTS AND CONTENT OF THIRD PARTY PRODUCT PROVIDERS OR ANY OTHER THIRD PARTIES. YOUR PURCHASE AND USE OF THIRD PARTY PRODUCTS IS SOLELY AT YOUR OWN RISK.
   

16. Indemnification

17. Limitation of Liability

18. ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

1. Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf.  Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned.
   
2. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
   

19. Governing Law and Jurisdiction

20. Modification